Was your child harmed by a medical error during birth in Albany, NY?

At Buttafuoco & Associates, we determine whether a preventable medical error caused your child’s injury and pursue the lifelong support your family will need.

If your child was harmed during pregnancy, labor, or delivery in Albany, our Albany, NY birth injury lawyer can review what happened during the birth and, when a preventable error was responsible, pursue the compensation your family needs. At Buttafuoco & Associates, we approach these cases with care, because not every difficult birth is the result of negligence. When the records show that a provider departed from the accepted standard of care, and that the departure caused the injury, we work to document the full, lifelong cost of that harm.

Birth Injury Lawyer Albany, NY

A birth injury case is a form of medical malpractice, focused on the care a mother and child receive during pregnancy, labor, and delivery. It looks at whether an obstetrician, nurse, or hospital managed that care as a competent provider should have, and whether a failure to do so caused a lasting injury. Much of the work is medical rather than legal. It involves reconstructing the hours around the birth from the records, identifying the point at which the care went wrong, and confirming that the injury would have been avoided had the right steps been taken. Because childbirth carries risks that no one can eliminate, the presence of an injury does not by itself establish that anyone was at fault.

Serious birth injuries are relatively uncommon, but their effects can last a lifetime. Cerebral palsy, the most common motor disability in childhood, affects about 1 in 345 children, according to CDC surveillance data. Cerebral palsy has many causes, and most cases are not the result of medical error, but some arise from preventable harm around the time of birth, such as oxygen deprivation. Families in the Capital Region who believe a preventable error injured their child can have the records reviewed to learn what happened. When the evidence supports a claim, our Albany birth injury attorneys work to establish the negligence and prove the full extent of the harm.

Types of Birth Injury Cases We Handle in Albany

Birth injuries take many forms, and their causes are not always apparent at first. We handle Albany birth injury claims that include:

Oxygen deprivation and cerebral palsy. When a baby is deprived of oxygen during labor or delivery, the resulting brain damage can lead to cerebral palsy and lifelong disability.
Brachial plexus and Erb’s palsy. Excessive force during a difficult delivery can damage the nerves that control a newborn’s arm and shoulder.
Delayed or mismanaged cesarean. A failure to order a timely C-section when a baby is in distress can turn a manageable situation into a permanent injury.
Vacuum and forceps injuries. Improper use of delivery instruments can injure a baby’s head, skull, or nerves.
Untreated maternal conditions. A failure to diagnose or manage conditions such as preeclampsia, infection, or gestational diabetes can harm both mother and child.
Medical malpractice. A birth injury is one type of medical malpractice, and the same principles of negligence and causation apply.
TBI. Oxygen deprivation at birth can cause a permanent brain injury that requires lifelong care.

Why Choose Buttafuoco & Associates as Your Birth Injury Lawyer in Albany, NY?

Experience in Birth Injury and Obstetrical Malpractice

James McCarthy focuses his practice on medical malpractice litigation, including birth injury and obstetrical malpractice cases, from investigation through trial. He has obtained a settlement for a child who developed cerebral palsy as a result of obstetrical malpractice. Dan Buttafuoco founded the firm in 1981, has tried more than 100 cases to verdict, and holds trial-law board certification. Both are members of New York’s trial-lawyer association. A birth injury case requires medical knowledge and the resources to prove a lifetime of need, and our personal injury lawyer in Albany, NY builds a life-care plan that accounts for the decades of treatment, therapy, and support a catastrophically injured child may require.

Results in Medical Malpractice Cases

A birth injury is a form of medical malpractice. The firm’s attorneys have recovered millions of dollars for patients and families harmed by medical negligence. Past results include:

A $2,000,000 recovery for a child left permanently blind in one eye after a condition present at birth was not treated.
A $2,940,000 verdict for a young patient whose serious illness was not diagnosed in time.
A $1,500,000 settlement in a case where a surgical error caused a fatal complication.

Prior results do not guarantee a similar outcome.

What Is Important to Understand About a Birth Injury Case?

Damages, Liability, and Compensation in a Birth Injury Case

Liability in a birth injury case depends on showing two things: that a provider departed from the accepted standard of care, and that the departure caused the child’s injury. Both are established through the medical records and the testimony of qualified medical experts. When liability is established, the compensation reflects the extraordinary and lifelong nature of the harm. It can include:

Past and future medical care, including surgeries, medication, and hospitalization.
Physical, occupational, and speech therapy over the child’s lifetime.
Assistive equipment, home modifications, and specialized transportation.
Special education and the cost of care the child will need as an adult.
The child’s lost earning capacity, along with pain and suffering.

Because these cases involve a child, the time limits differ from an ordinary claim. A medical malpractice action in New York is generally governed by a two-and-a-half-year deadline, but for an injury to a child, New York allows additional time, in many cases up to ten years from the date of the injury. A parent’s own related claim can be subject to the shorter period, so it is important to speak with a lawyer promptly. Suits arising from Albany are brought in the Supreme Court in Albany County.

What Is the Timeline of a Birth Injury Case?

A birth injury case usually takes longer than other injury claims, for two reasons. First, the full extent of a child’s injury often becomes clear only over time, as developmental milestones are missed or met. It can take years to understand how the injury will affect the child’s life. Second, these cases require a thorough investigation before a claim is filed, because the complete medical records must be obtained and reviewed, and qualified experts must confirm that the care fell below the accepted standard. Once a claim is filed, it moves through discovery, depositions, and the exchange of expert opinions. Many cases settle, but because the stakes are high, a firm prepared to try the case is better positioned to reach a fair result. A settlement involving a child also requires court approval.

What Are Important Aspects of a Birth Injury Case?

The medical records are the heart of a birth injury case. The prenatal records, the fetal heart-rate monitoring strips from labor, the delivery notes, and the newborn’s hospital records together show what happened and when. These records are reviewed by qualified medical experts, often an obstetrician together with a specialist such as a neonatologist or a pediatric neurologist, who can say whether the care met the accepted standard and whether a different decision would have changed the outcome. Preserving and obtaining the complete records early is important, because they form the basis of every opinion in the case. The care with which this review is done often determines whether a family learns what actually happened to their child.

What Should You Bring to a Consultation?

A first meeting is most useful when you bring what you have, though you do not need to gather everything before you call. Helpful items include your prenatal and delivery records, the child’s hospital and pediatric records, any imaging or test results, and notes on the child’s diagnoses and treatment. A record of what you were told during pregnancy and delivery, and by whom, is valuable as well. If you do not have the records, we can request them for you. The first consultation is free and confidential, and if a review of the records does not support a claim, we will tell you that honestly.

Reach Out to Buttafuoco & Associates to Schedule a Consultation

Learning whether a preventable error harmed your child begins with a careful review of the medical records. At Buttafuoco & Associates, we handle these cases with the sensitivity they deserve and the resources they require. Contact us to speak with our Albany birth injury lawyer about what happened and what your family may be entitled to recover. The first consultation is free.

Birth Injury Statistics in Albany, NY

Most children are born healthy, and a difficult birth is not by itself evidence of negligence. Some birth injuries in Albany do result from preventable medical errors, and several conditions are known to raise a child’s risk of lasting harm. Our Albany birth injury lawyers use the following data to frame what families in the Capital Region are facing.

In 2024, 9.5% of New York births, about 1 in 11 babies, were preterm, according to March of Dimes data. Preterm birth is among the strongest risk factors for cerebral palsy and other birth injuries.
In the same year, about 1 in 12 New York babies (8.4%) were born at a low birthweight, a condition also associated with a higher risk of birth injury, per the same March of Dimes reporting.
Spastic cerebral palsy, which results from damage to the developing brain, is the most common form of the condition and affects about 80% of people with cerebral palsy, according to the CDC’s cerebral palsy data.

New York recorded 19,458 preterm births in 2024. Not one of them is proof of a mistake. But when a preventable error during pregnancy, labor, or delivery causes a lasting injury, an Albany birth injury attorney can review the records and determine whether the standard of care was met.

Signs of a Birth Injury Parents Should Watch For

Some birth injuries are apparent at delivery. Others become clear only as a child grows and expected milestones are missed. Parents in Albany who notice the following should raise them with their pediatrician:

Feeding and swallowing difficulty. Trouble latching, sucking, or swallowing in the newborn period can point to a neurological problem.
Abnormal muscle tone. A baby who is unusually stiff, or unusually floppy, may have suffered an injury to the developing brain.
Limited movement on one side. Weakness in one arm, or a hand held in a fixed position, can indicate a brachial plexus injury from a difficult delivery.
Seizures shortly after birth. Newborn seizures can be a sign of oxygen deprivation during labor or delivery.
A low Apgar score or the need for resuscitation. A baby who needed oxygen, cooling therapy, or time in the NICU may have experienced distress around the time of birth.
Missed developmental milestones. Not sitting, crawling, or walking on the expected schedule can be an early indication of cerebral palsy or another injury.

None of these signs proves that malpractice occurred, and many have causes unrelated to negligence. Some, though, trace back to common medical errors during labor and delivery, such as a failure to monitor fetal distress or a delayed cesarean. A review of the complete medical records is the only reliable way to determine what caused a child’s injury. Our Albany birth injury lawyers arrange that review with qualified medical professionals and explain what the records show.

Albany, NY Birth Injury Lawyer FAQs

How much does it cost to hire an Albany birth injury lawyer?

We handle birth injury claims on a contingency basis. Our fee is a percentage of the recovery and is owed only if we obtain compensation for your family. No attorney fee is payable in advance, and the initial consultation is free. Obtaining and reviewing the medical records carries no upfront cost to you, which allows a family to learn what happened without a financial barrier.

How do I know if my child’s injury was caused by malpractice?

The question is whether a provider departed from the accepted standard of care, and whether that departure caused the injury. A poor outcome alone does not establish negligence. Qualified medical professionals review the prenatal, labor, and delivery records to determine whether a competent provider would have acted differently. This is the same analysis that applies whenever a patient may pursue a malpractice claim in New York.

Who can be held responsible for a birth injury?

Responsibility can extend beyond the delivering physician. Depending on what the records show, a claim may involve the obstetrician, a nurse or midwife, an anesthesiologist, or the hospital itself. Identifying each responsible party matters, because it determines the coverage available to fund a lifetime of care for a seriously injured child.

Will filing a claim affect my child’s medical care?

No. A malpractice claim is a civil matter handled separately from your child’s ongoing treatment. Your child continues to receive care, and you remain free to choose providers. Many families pursue a claim precisely so that they can afford the therapy, equipment, and specialized care their child will need.

What if the hospital told us the injury was unavoidable?

A hospital’s own account is not the final word. The provider and its insurer have an interest in characterizing an injury as unavoidable. An independent review of the complete records by outside medical professionals is what determines whether the care met the accepted standard. Families are entitled to that second look.

What is the difference between a birth injury and a birth defect?

A birth defect is a condition that develops before birth, often from genetic or developmental factors outside anyone’s control. A birth injury is harm caused during pregnancy, labor, or delivery, sometimes by a preventable medical error. The distinction matters, because a birth injury caused by negligence can support a claim, while a birth defect generally cannot.

How is a life care plan used in a birth injury case?

A life care plan is a detailed projection of everything a seriously injured child will need over a lifetime, prepared with medical and economic professionals. It accounts for surgeries, therapy, medication, equipment, home modifications, education, and the cost of care into adulthood. The plan translates a child’s future needs into a figure that a court or an insurer can evaluate, and it is central to recovering the full cost of a birth injury rather than only its immediate expenses.

We are afraid it may be too late to act. Should we still call?

Yes. The deadlines that apply to a child’s claim differ from those in an ordinary case, and some related claims, including a parent’s own, can run sooner. Because of that, families should speak with a lawyer promptly rather than assume the opportunity has passed. A short conversation can establish whether time remains to investigate what happened.

Important Resources for Albany Birth Injury Families

Local Resources for Albany Birth Injury Families

The period after a serious birth injury is demanding, and the right support can help. The following Albany resources may assist families:

New York State Early Intervention Program: 1-800-522-5006. Provides evaluation and therapy at no out-of-pocket cost for children under three with a disability or developmental delay.
Albany Medical Center NICU: 518-262-8300. The Capital Region’s Regional Perinatal Center, providing the highest level of neonatal intensive care.
Center for Disability Services: 518-437-5700. An Albany nonprofit offering therapy, education, and support for children with cerebral palsy and other disabilities.

Buttafuoco & Associates provides these listings for convenience only. We do not endorse, and are not affiliated with, any of the organizations named above.

About Buttafuoco & Associates

A birth injury claim requires medical knowledge and the resources to prove a lifetime of need, and how we help reflects both. James McCarthy, a partner, concentrates on medical malpractice and birth injury litigation, and he personally handles the Surrogate Court matters that these cases require. Where a settlement is reached for an injured child, he establishes a Supplemental Needs Trust so the child can keep the settlement proceeds while remaining eligible for Medicaid and other benefits, work that many firms refer out. Our attorneys have handled pediatric malpractice matters of this kind, and families can meet the partners at our firm directly. Proving a birth injury takes qualified medical specialists and the resources to fund a thorough investigation and, when necessary, a trial, and our partners have decades of experience doing that work.

What Our Clients Say

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“Dan was the very best attorney our family could have asked for to guide us through these horrible times. He was compassionate, professional and I would recommend him to anyone in need of his service. On behalf of my family we would like to thank you for your kindness and compassion in addition to resolving the case so timely.”

Jonathan Esposito

Read more reviews on our Google Business Profile.

Additional Resources for Albany Birth Injury Families

Contact Buttafuoco & Associates

If your child was harmed during pregnancy, labor, or delivery in Albany, our firm can review what happened and pursue the support your family will need. Our Albany birth injury lawyer will obtain the complete medical records, arrange a review by qualified medical professionals, and, where the evidence supports a claim, pursue the full cost of your child’s lifelong care. Buttafuoco & Associates handles these claims on a contingency basis, so no attorney fee is owed unless we recover compensation for you, and the first consultation is free. Contact us to discuss your child’s situation.

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